A BILL TO BE ENTITLED
AN ACT
relating to the use of radio frequency identification technology to
transmit information regarding public school students.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter Z, Chapter 25, Education Code, is
amended by adding Section 25.902 to read as follows:
Sec. 25.902. CERTAIN MANDATORY STUDENT IDENTIFICATION
METHODS PROHIBITED. (a) In this section, “radio frequency
identification technology” means a wireless identification system
that uses an electromagnetic radio frequency signal to transmit
data without physical contact between a card, badge, or tag and
another device.
(b) A school district may not require a student to use an
identification device that uses radio frequency identification
technology or similar technology to identify the student, transmit
information regarding the student, or track the location of the
student.
(c) A school district may allow the voluntary use of a
student identification device described by Subsection (b) only if
authorized by resolution adopted by the board of trustees of the
district. A district that allows the voluntary use of a student
identification device described by Subsection (b) shall provide an
alternative method of identification for a student on the timely
written request of a student’s parent or guardian.
(d) A school district may not penalize a student using an
alternative method of identification under Subsection (c),
including restricting or prohibiting the student from
participating in school or district activities.
SECTION 2. This Act applies beginning with the 2013-2014
school year.
SECTION 3. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2013.